| We've covered the music business each day since 21 Jun 2002 Today's email is edition #5143 |
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| | In today's CMU Daily: 'Misogyny in Music' report serves as critical reminder that the music industry still has a long way to go on women's equality issues; Spotify is throwing stones at Apple over the DMA - but was Spotify really as surprised by Apple's plans as it claims?
One Liners: Marilyn Manson ruling; Kate Hudson and Victor Ray deals; BMG “fast-tracks” AI; Hit Reset launches; Cherie Hu joins Syracuse University; National Album Day to return; AEG’s Sleep Token blunder; Raye at the BRITs; Chaka Khan's Meltdown; Stray Kids at BST; new music from Sega Bodega and Sheherazaad
Also today: Coldplay hooks up with MIT boffins to study music industry carbon footprint; Henrix Experience lawsuit heads to court
Plus: CMU sits down with Music Technology UK boss Matt Cartmell in our continuing series of interviews looking at challenges and opportunities in the music business in 2024 | | Today's CMU Masterclass: The Music Business In 2024 | By the time you read this you'll have missed the live session of our CMU Masterclass The Music Business In 2024 - but don't worry, you can still access this Masterclass on-demand. The recording of today's session - plus slides and other content - will be available through CMU's online learning platform from 5.30pm today. If you want instant access, book now. 👉 Book your place for just £59 inc VAT
The Music Business In 2024 provides an an overview of key trends and developments in the music business over the last year, and will bring you fully up to speed on the current challenges and opportunities in the recording, publishing and live sectors.
Whatever role you have in the music industry, this one-hour session will ensure that you have a full understanding of the wider business in 2024.
| | 👉 See the full outline for this CMU Masterclass | |
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| Misogyny remains “endemic” in “boys’ club” music industry says UK parliamentary report | Sexual harassment and abuse is “endemic” in the music industry but is largely hidden due to a “culture of silence”, warns a new report from the UK Parliament’s Women And Equalities Committee.
Published this morning, the excoriating ‘Misogyny In Music’ report says that the music industry remains a “boys’ club” where women face numerous barriers to career progression and are often subjected to harassment and abuse. These incidents frequently go unreported due to womens’ fears that speaking out will end their careers, and because some companies suppress them with non-disclosure agreements.
“Non-reporting of incidents of sexual harassment and abuse is high”, says the report. “Victims who report behaviour struggle to be believed. Even when they are believed, more often than not, it is their career not the perpetrators’ that ends. In many cases, those who do report harassment or sexual assault regret doing so due to the way it is handled”.
Vick Bain, Founder of The F-List said, “We at The F-List for Music are delighted to read this hard-hitting report; though it is bittersweet because it gives voice to a side of the music industry many wish to deny, discount, diminish or force into silence through the misuse of NDAs or threats of reputational damage. This report makes us feel supported, listened to, and validated”.
👉 See other industry responses to the report here
The report makes a number of recommendations to improve the situation, both to the government and to the music industry itself.
“Women’s creative and career potential should not have limits placed upon it by ‘endemic’ misogyny which has persisted for far too long within the music industry”, says Caroline Nokes MP, Chair of the Women And Equalities Committee. “Our report rightly focuses on improving protections and reporting mechanisms, and on necessary structural and legislative reforms”.
“However”, she adds, “a shift in the behaviour of men - and it is almost always men - at the heart of the music industry is the transformative change needed for talented women to quite literally have their voices heard and be both recognised and rewarded on equal terms”.
The Misogyny In Music inquiry was launched in 2022, as part of a wider investigation that began the previous year into violence against women and girls. In three hearings in 2023, the Women And Equalities Committee heard evidence from representatives from the festival sector and all three major labels, as well as artist Rebecca Ferguson and broadcaster Annie Macmanus.
Following these hearings, in October 2023 the committee invited further evidence on the use of NDAs in the music industry to silence victims. While doing so, it assured anyone wishing to speak out that Parliamentary privilege meant that no direct legal action could be taken against anyone who shared information on any such agreement they had signed.
A number of legislative measures are recommended in the report, including an amendment to the Equalities Act to ensure that freelance workers are afforded the same protections from discrimination as employees. It also calls on the government to impose a duty on employers to protect workers from sexual harassment by third parties - a proposal it rejected last year, despite initially supporting it.
It also noted multiple testimonies during the evidence gathering stage of the inquiry from women who had been “threatened into silence” through the use of NDAs.
The report urges ministers to introduce a law prohibiting the use of such agreements in relation to cases involving sexual abuse, sexual harassment or sexual misconduct, bullying or harassment, and discrimination. This, it recommends, should also work retrospectively, so to allow those who have previously signed them to come forward.
Studios and music venues - along with security staff working at them - should be subject to new licensing requirements focussing on tackling sexual harassment, it says. On top of that, there is an additional proposal that artist managers should have to be licensed in some way.
Annabella Coldrick, CEO of the Music Managers Forum, says, “The MMF contributed to and welcomed the Women And Equalities Committee's inquiry into the issue of misogyny in music. We look forward to discussing these recommendations with our members and other industry partners”.
As well as tackling harassment and abuse, the music industry should work harder to improve diversity, the report says. It recommends making more money available to schemes already working towards this, as well as improving career pathways for women - particularly in more male-dominated areas, such as A&R, sound engineering and production.
Record labels should also commit to regularly publishing statistics on the diversity of their rosters of artists. Meanwhile, all music companies with more than 100 employees should be required to publish data on the diversity of their workforce, as well as gender and ethnicity pay gaps. Currently all UK companies with 250 or more employees are required to report gender pay gap information annually.
In a joint statement, BPI CEO Jo Twist and Chair YolanDa Brown said, “Misogyny in music and across society is completely unacceptable. This report contains some thoughtful recommendations and recognises that all parts of our industry have a shared responsibility to tackle this important issue head on”.
AIM’s chief exec Silvia Montello continues, “The misogyny in Music report makes for uncomfortable but sadly unsurprising reading – given my 34 years in the industry I have witnessed, experienced and campaigned against the inequalities and discrimination sadly still faced by women in music”.
One initiative aiming to provide some of the additional support highlighted in the report is the Creative Industries Independent Standards Authority. Founded in 2021, this organisation intends to begin offering some services by the end of this year and will provide a “single, recognisable body that anyone in the industry can turn to for support and advice”.
However, the report goes on, this “is not a panacea for all of the problems in the industry”, and stressed that “other reforms remain crucial”. 👉 Read the full report
| Read online | |
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| Marilyn Manson, Sleep Token, BRIT Awards + more | LEGAL
A judge has ordered Marilyn Manson to reimburse Evan Rachel Wood for legal fees incurred while fighting a defamation lawsuit he brought against her, reports Rolling Stone. The case is actually still heading to trial later this year, but in massively reduced form, after the judge dismissed many of Manson’s claims last year.
DEALS
Actor Kate Hudson has partnered with Universal Music’s artist and label services division Virgin Music Group to release her first recorded music. Her debut single ‘Talk About Love’, which she co-wrote with Linda Perry and Danny Fujikawa, is due out later today.
Universal Music’s Decca Records has signed Victor Ray. “I’m really excited to have joined Decca and to be working with the team. It was clear from our first meeting that [the team] understood my long term vision as an artist”, he says.
BMG has partnered with the GenAI Lab at TUM School Of Management - part of Munich’s Technical University - “to fast-track the deployment of artificial intelligence in the company”. “The core objective of this first phase of our work will be to demonstrate how generative AI can improve the creative efficiency and effectiveness of multi-modal marketing content”, says project leader Dr Jochen Hartmann. “I am delighted to be working with BMG in this groundbreaking area”.
APPOINTMENTS
Vicky Eacott - formerly of Wichita and Motive Unknown - has launched new project and label management firm Hit Reset. “Whether it’s a self-releasing artist looking for someone to manage their campaign, or a label or management company looking to bolster their presence in the UK and Europe, it's clear that there is a growing need for flexible project and label management services”, she says. “I’m excited to be setting up my own offering in this area with Hit Reset”.
Water & Music founder Cherie Hu is set to join Syracuse University later this year to teach music business modules at the institution’s Newhouse School Of Public Communications. “I look forward to bringing real world insights and innovative practices on music and tech into the Newhouse classroom, crafting dynamic and enriching learning experiences for the next generation of industry leaders”, she says.
EVENTS
UK National Album Day will return again this year on 19 Oct, this time with the theme of Great British Groups. “From the iconic influence of The Beatles and Spice Girls to the dynamic new sounds of BRITs winners Wet Leg, countless artists spanning diverse backgrounds and rich genres make for an exciting celebration of Great British Groups”, say ERA’s Kim Bayley and BPI’s Jo Twist in a joint statement. “With so many legendary albums produced by British groups, National Album Day has a brilliant grounding for fans to explore records both new and old, revisiting or enjoying them for the first time”.
LIVE BUSINESS
AEG has apologised for a technical error that saw Sleep Token fans who signed up for a US tour presale receive their access codes 24 hours after tickets had gone on general sale. The band have since said that they are working to identify and cancel tickets bought by bots and touts in order to redistribute them to fans who missed out.
AWARDS
Raye is the second performer to be announced for this year’s BRIT Awards, joining Dua Lipa on the bill. The ceremony will take place at the O2 Arena on 2 Mar and will be broadcast live on ITV1.
GIGS & FESTIVALS
Chaka Khan will curate this year’s Meltdown Festival at London’s Southbank Centre. “I'm beyond excited to be a part of this legacy, bringing everyone together, young and old, for a summer celebration like no other”, she says. “This festival isn't just about music, it's a feast for all your senses, a gathering of hearts and souls. The Southbank Centre's about to light up!” The event will run from 14-23 Jun.
Stray Kids have been announced as the latest headliners for this year’s BST Hyde Park festival in London - a UK exclusive performance. They will play on 14 Jul. Tickets go on sale on 12 Feb. Other headliners announced so far are Andrea Bocelli on 5 Jul and Robbie Williams on 6 Jul.
RELEASES
Sega Bodega has released new single ‘Deer Teeth’. Sheherazaad will release her debut mini-album ‘Qasr’ on 2 Mar. Out now is new single ‘Dhund Lo Mujhe’.
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| The Year Ahead: Matt Cartmell of Music Technology UK | As we head into 2024, CMU recently sat down with the bosses of many of the music industry’s trade organisations to talk about their work, the key challenges faced by their members, and what to expect in the year ahead.
Today, Music Technology UK CEO Matt Cartmell discusses the launch of the organisation last November, the key challenges its members face, and how it will seek to help them meet those challenges. | Read our interview in full online | |
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| Spotify hits out at Apple's plan to comply with EU's Digital Markets Act | Last week Spotify triumphantly announced a number of proposed revamps to its iOS app in Europe. Those revamps would only be possible under Spotify’s interpretation of the EU Digital Markets Act, which is forcing Apple to change the rules it enforces against app developers. However, Apple has now announced the changes it is actually going to be making, and Spotify really isn’t happy.
Spotify’s unhappiness comes from the way Apple is interpreting what it needs to do to comply with the DMA. It says Apple’s proposals won’t address the issues it has raised, and won’t allow its planned revamps to take place. Spotify desperately wants - and needs - those revamps to be possible in order to drive additional revenue.
"Will the European Commission follow through with its intent to right-size Apple’s abuse of power?" Spotify asks in a new blog post responding to the rule changes Apple is now proposing to make in Europe. "Or will the DMA be nice in theory, but in practice, have no substantive meaning for most developers?" To ensure the DMA has substance in practice, it adds, "all that is required is enforcing the very law many worked so hard to accomplish".
Spotify has, like many app developers, long criticised Apple's App Store rules, and especially those around in-app payments on iOS devices.
Apple requires many developers to use its payment processing system to take in-app payments, and charges a commission on those payments. It also bans the sign-posting of alternative payment options outside the app - so, for example, Spotify can’t say to its iOS app users “Go to the Spotify website to enter your payment details”.
This means app developers have to pay up to 30% of any in-app transactions to Apple - what is often referred to as the ‘Apple tax’.
In Europe, Spotify urged the European Commission to force a change to Apple's rules on the basis they were anticompetitive. The EU has been investigating those claims ever since, along the way indicating that it shared Spotify’s concerns. Meanwhile, the new EU Digital Markets Act introduces new regulations for tech giants like Apple, and Spotify hoped that would provide the flexibility it needs to add new promotional and monetisation tools.
In a jubilant post last week, Spotify announced that, once the DMA comes into effect and Apple changes its rule, it will be able to "communicate clearly with you in the Spotify app about new products for sale, promotional campaigns, superfan clubs, and upcoming events, including when items like audiobooks are going on sale”.
This basically means more spam - sorry, promotional communications - for users, and more opportunities for Spotify to upsell extra products within its app. New in-app monetisation tools would be welcomed by a lot of people in the music industry, but are particularly important for podcasts and audiobooks. And generating money from podcasts and audiobooks is also important for Spotify, which needs to find ways to generate revenue beyond music.
However, Spotify’s plans were reliant on a number of assumptions about how Apple might change its rules in order to comply with the DMA. Apple then sent an update to app developers outlining how it will actually change its rules in the EU. Spotify is angry about the approach Apple is taking and the impact it will have on its own plans for new products and tools.
It seems unlikely that Spotify was actually surprised by the approach Apple is taking. Not least because it is similar to the approach Apple is taking in the US where a court ruling has also forced a change to the App Store rules. Spotify was very critical of that too, to the point it would seem strange if it had not anticipated Apple’s latest announcement.
Indeed, Spotify may well have published its upbeat summary of all the great things that the DMA would mean to anticipate the announcement from Apple, so that it could then contrast its first blog post with the second.
That second blog post from Spotify is certainly more sombre - but just as outspoken as its first, with repeated swipes at Apple. "Under the false pretence of compliance and concessions”, it says, Apple has “put forward a new plan that is a complete and total farce. Essentially, the old tax was rendered unacceptable under the DMA, so they created a new one masquerading as compliance with the law".
What it comes down to, says Spotify's summary of Apple's plans, is that app developers will have other options for taking payments, but will still have to share any income from in-app transactions with the tech giant. So, Spotify’s main complaint isn’t addressed.
"Apple is still charging a 17% rent on developers for existing in the App Store if they offer alternative payment methods or link out to their own website", Spotify explains. Plus there is "a completely new €0.50 fee per download, every year, in perpetuity, to Apple for just allowing developers to exist on iOS".
"Thanks to the clear language in the DMA,” it goes on, “we [previously] shared how we plan to offer customers in the EU more choice, more control and better experiences. Today, that future is less clear".
The concluding demand? In order to ensure that Spotify's EU users can be spammed to high heaven - I mean, offered ever more compelling content and fan experiences - the DMA must be fully enforced. "The ball is in your court, European Commissioners", it says, "and once and for all you must reject this blatant disregard of the very principles you worked so hard to establish". | Read online | |
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| Our first CMU Masterclass session for this year The Music Business In 2024 went live at 2.30pm this afternoon. This series will continue each Tuesday afternoon at 2.30pm UK / 3.30pm CET / 9.30am US Eastern Time. Our series of eight CMU Masterclasses are delivered live on Zoom and then made available as on-demand content via the CMU learning platform. Click here for information on all of the upcoming Masterclasses and to book your place.
| | 👉 See all our upcoming Masterclasses |
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| | Coldplay partners with MIT to study the live music industry’s carbon footprint
| Coldplay, Warner Music and Live Nation have teamed up with the Massachusetts Institute Of Technology to undertake "a comprehensive study of the live music industry’s carbon footprint". The aim is to identify practical solutions to reduce the environmental impact of live music events at every level, from grassroots music venues through to arena and stadium shows and tours.
The band, and their label and promoter, will both co-fund and support the project, which will be led by Professor John E Fernandez, Director of MIT's Environmental Solutions Initiative.
"I applaud the spirit of openness and collaboration that will allow us to identify specific challenges in areas such as live event production, freight and audience travel, and recommend solutions that can be implemented across the entire industry to address climate change", says Fernandez.
Back in 2021, Coldplay announced they were introducing an assortment of measures on their Music Of The Spheres Tour with the aim of producing 50% fewer carbon emissions on that tour compared to their last global outing in 2016 and 2017.
In an update last summer, they said that they had managed to cut carbon emissions by 47% compared to their previous tour. Efforts to achieve this included running shows on renewable energy, reducing waste and plastic usage, and encouraging fans to travel to performances in environmentally-friendly ways.
“This is a good start – and something that our incredible crew should be very proud of”, they said. “But clearly there’s still room for improvement”.
Coldplay will share all of their learning with the academics at MIT, while Warner Music and Live Nation will likewise provide data and insight from their respective efforts to become more environmentally sustainable.
An initial report focused on the US and UK markets should be completed by July. It will include a comprehensive assessment of the relationship between live music and climate change, identify key areas where both industry and concertgoers can make tangible improvements to reduce emissions, and provide a detailed analysis of the latest developments in green technology and sustainable practices.
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| Setlist Podcast: Apple Music’s “spatial audio bonus” favours major labels | Each week CMU's Andy Malt and Chris Cooke take a look back at the last seven days in the music business with a recap of key stories and news.
On this week's show we discuss how Apple Music's "spatial audio bonus" will benefit major labels to the detriment of independent labels and creators, plus the report finding that on average two grassroots music venues per week closed down in the UK in 2023 – and more.
Click here to listen - or find Setlist wherever you get your podcasts. |
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| | Sony fails to get Experience Hendrix lawsuit thrown out of UK court | A judge has ruled that a lawsuit filed against Sony Music by the estates of Noel Redding and Mitch Mitchell - two thirds of the Jimi Hendrix Experience - can proceed to trial.
Both the major label and the Jimi Hendrix estate, via the Experience Hendrix company, have argued that the dispute should be fought in the New York courts. However, those arguments, and an attempt by Sony to get the case dismissed, have failed.
"Sony Music has failed in its latest attempt to prevent the estates of Noel Redding and Mitch Mitchell pursuing their claims for infringement of copyright and performers’ rights to trial", a statement from the estates yesterday declared.
The Redding and Mitchell estates - through UK-based companies - claim that they control rights in relation to the Jimi Hendrix Experience recordings catalogue. These rights, they claim, are being infringed by Experience Hendrix and its distribution partner Sony.
For their part, Experience Hendrix and Sony argue that, after Hendrix’s death in 1970, both Redding and Mitchell signed agreements giving up any claims to rights and royalties stemming from the Jimi Hendrix Experience in return for “significant monetary consideration”. And in January 2022, Experience Hendrix and Sony filed legal papers with the New York courts seeking confirmation that those agreements are still in force.
The Redding and Mitchell estates then filed their lawsuits in the UK. Sony said that litigation should be paused pending the case in New York. But reps for the Redding and Mitchell estates countered that their dispute with the major related to rights under UK copyright law, and was mainly concerned with the digital exploitation of the Hendrix recordings which, they reckon, falls outside the scope of the 1970s agreements.
Sony's attempts to get the UK case paused failed, and instead the New York court paused the US case pending the outcome of the London dispute. The major had one more go at getting the UK lawsuit thrown out of court at a two day hearing last October. But that didn't work and the whole thing should now get to trial in the London courts next year.
Lawrence Abramson of Keystone Law, who represented the estates, says he hopes that this will be an opportunity to “obtain some justice for the families of Noel and Mitch”.
“No one is denying that Jimi Hendrix was one of, if not, the greatest guitarist of all time”, he goes on. “But he didn’t make his recordings alone, and they could not have achieved any success without the contributions of Noel and Mitch".
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